La Acción de No Discriminación a la Luz de la Tutela Judicial Efectiva. Un Examen Práctico

This work critically reviews the procedure established by Statute N 20.609 to solve claims on arbitrary discrimination, in the light of the material parameters that effective judicial protection right entails, specially regarding the practical outcomes of judicial activity.
Thus, we have concretely examined the process, through an extense judicial analysis mainly focused in lower courts opinions, aiming to ascertain the effectiveness of this action, the manner arbitrary discrimination claims are judged, the context in which the legal conflict takes place and/or the impingement of rights, as well as the using of the available legal means to solve the problem.
With this work we aim to assess the virtues and deffects of such action and especially the legal limitations that bind the judge when properly solving a discrimination case.